Question

The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.

Assertion (A): Custom to have the force of law must be followed from time immemorial.
Reason (R): Custom represents the common consciousness of the people.

पर्याय

• Both A and R are true and R is the correct explanation  of A

• Both A and R are true but R is not the true explanation  of A

• A is true but R is false  

• A is false but R is true

Answer 1

Both A and R are true but R is not the true explanation  of A

Explanation:

Certain tests or essentials have been laid down by the jurists which a custom must satisfy for its judicial recognition. One of the essentials of a valid custom in antiquity, i.e., custom should be recognised as the law must be proved to be in existence from time immemorial. In Subramanian Chettiar v. Kumarappa Chettiar, the custom has been defined as, "A particular rule which has existed from the time immemorial and has obtained the force of law in a particular locality." Customs also represents the common consciousness of a group, its sense of what is fitting, decorous, and seemly. It corresponds somewhat to the literate notion of equity, whether legal or moral.